Brief Fact Summary. The Appellant, Ammons (Appellant), brought suit against the Appellee, Wilson & Co. (Appellee), for performance on a contract to buy 942 cases of shortening.
Synopsis of Rule of Law. Silence and inaction by an offeree can act as an acceptance in certain circumstances, wherein the offeror has every reason to believe the offeree will accept.
Appellant, a wholesale grocer, had an ongoing business relationship with Appellee, a meatpacker, through its traveling salesman, Tweedy. Appellant would place orders through Tweedy and approximately a week later, the goods would be shipped to the Appellant. All orders were in writing and contained the provision that all orders were “subject to acceptance